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HomeMy WebLinkAboutMin 05-18-05MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, May 18, 2005 The Ukiah City Council met at a Regular Meeting on May 18, 2005, the notice for which had been legally noticed, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Horsley, Finance Director McCann, City Attorney Rapport, Community Services Supervisor Sangiacomo, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. APPROVAL OF MINUTES 3a. Regular Meeting Minutes of February 27 2005 City Clerk Ulvila referred to a correction on page 3 and noted that Councilmember Crane's return to the meeting should be after the vote on the nomination and the Resolution to appoint Eric Crane to the Airport Commission. Also, the vote on both motions should indicate that Councilmember Crane was absent and had not abstained from voting on both matters. M/S Rodin/McCowen approving the Regular Meeting minutes of the February 2, 2005 City Council meeting as amended, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 3. APPROVAL OF MINUTES 3b. Regular Meeting Minutes of February 167 2005 M/S McCowen/Crane approving the Regular Meeting minutes of the February 16, 2005 City Council meeting as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 3. APPROVAL OF MINUTES 3c. Special Meeting Minutes of May 47 2005 M/S McCowen/Crane approving the Special Meeting minutes of the May 4, 2005 City Council meeting as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 3. APPROVAL OF MINUTES 3d. Regular Meetinq Minutes of May 47 2005 Councilmember McCowen noted corrections to the following portions of the minutes: Page 3: The title of "9a" should read, "Introduction of Urgency Ordinance Imposing Moratorium on Outdoor Marijuana Growing". Regular Meeting of the Ukiah City Council May 18, 2005 Page 1 of 9 Page 4: The seventh paragraph should begin, "Rob Keegan, Ukiah, spoke..." Councilmember Rodin noted a correction in the minutes to page 8 in which the third paragraph should read as follows, "Councilmember Rodin reported that she raised $535 from 16 contributors for the sales tax ballot measure campaign." Mayor Ashiku noted a correction to page 1, the first sentence under item "3a" should read, "Mayor Ashiku read the Proclamation ..." M/S Rodin/McCowen approving the Regular Meeting minutes of the May 4, 2005 City Council meeting as amended, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 4. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 5. CONSENT CALENDAR M/S Rodin/McCowen approving items "a" through 'T' of the Consent Calendar as follows: a. Received Report of Disbursements for the Month of April 2005; b. Received Notification to Council Regarding the Award of Bid for 3000 Ft. of 750 MC Aluminum, 600V, Single Conductor Cable, in the Amount of $5,910.55 to Western States Electric; c. Awarded Bid to Granite Construction Company for the Lump Sum of $346,190, For The Brush Street Water Main Replacement Project; d. Awarded Bid to Total Waste Systems For Pick Up and Disposal Of Biosolids From The Wastewater Treatment Plant in The Amount of $33.00 Per Ton; e. Approved Extension of Contract With Jeff McMillen For Golf Professional Services At Ukiah Municipal Golf Course; f. Awarded Bid for Power Distribution Modeling Software in the Amount of $10,826.89 to SKM Powertools; g. Received Report of Reorganization of Finance Division to Improve Services to Other Departments, Streamline Management Staffing and Control Personnel Costs; h. Received Report of Purchase - Printing of Winter/Spring 2005 Ukiah City View Newsletter; i. Adopted Ordinance No, 1068 Regulating Skateboarding on Private Property. Motion carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: ABSENT: None. Crane, None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Peter Keegan inquired if the City Council has the authority to adopt an ordinance (concerning marijuana) in which the public wasn't provided a hard copy to review. Regular Meeting of the Ukiah City Council May 18, 2005 Page 2 of 9 City Attorney Rapport explained the requirements for conducting a public hearing and associated legal noticing with regard to posting of the agenda, and noted that an agenda packet is provided to the Mendocino County Library and the agenda and item were posted on the City's web site. It was his opinion that there was adequate public access to the document. City Manager Horsley noted that a binder containing the agenda and staff reports has been available at City Hall and is placed in the City's foyer during the meeting for public review. Sage Sangiacomo reported to Council that members of the Martin Luther King Jr. Committee were not able to attend this meeting, however, he provided Council with a flyer with information concerning the Third Annual Multi-Cultural Diversity Dinner Event in recognition of Mendocino County's May Diversity Awareness Month. 7. UNFINISHED BUSINESS 7a. Request For Council's Discussion and Possible Adoption Of A Resolution Endorsing SB596 Reqarding Choice Voting Methods- Councilmember Rodin Councilmember Rodin discussed the documents she provided to Council delineating the facts concerning instant runoff voting (IRV), which ensures the election of a candidate preferred by the majority of voters and prevents the need for runoff elections. She also discussed the provisions of Senate Bill 596 (SB596) which allows General Law Cities to implement choice voting and would make it an option for jurisdictions. She requested Council's support of SB596. Bob Richard advised that he is active in the California Electoral Reform process and works closely with Senator Bowen's office regarding legislation. He supported choice voting methods and discussed its attributes. Public Comment opened: 7:20 p.m. Joe Wildman, Potter Valley, expressed his concern about how SB596 would impact an election and discussed the current voting system. Public Comment Closed: 7:22 p.m. Discussion followed with regard to SB596 and choice voting methods. Councilmember Rodin suggested Council not vote on the matter at this meeting, but obtain additional information and postpone the matter for a month. M/S McCowen/Crane to continue the matter to the July 6th meeting; carried by the unanimous consent of Council. 7. UNFINISHED BUSINESS Regular Meeting of the Ukiah City Council May 18, 2005 Page 3 of 9 7b. Consideration and Possible Adoption of Urgency Ordinance Imposin.q Moratorium on New Marijuana Dispensaries and Direct Staff to Commence The Development of Zoning Regulations for Mariiuana Dispensaries City Attorney Rapport discussed his Staff Report to the City Council with regard to an Urgency Ordinance imposing a moratorium on new marijuana dispensaries, as per the City Council's request of May 4, 2005. If adopted by Council, the urgency Ordinance would become effective immediately. The Government Code authorizes a City Council to adopt as an urgency measure an interim Ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, specific plan, or zoning proposal without following the procedures otherwise required prior to the adoption of a zoning Ordinance. He explained legal noticing requirements, and stated legislative findings must be made by City Council as indicated in the Staff Report. He further explained the adoption a~nd implementation procedure for the urgency Ordinance. He explained that there is no specific information that any new dispensaries are going to open soon in Ukiah; however, the Planning Department has received inquiries. Under the existing regulations, a dispensary does not require a Use Permit, only a business license, and it is possible that a dispensary could be established without the Planning Department's review. This Ordinance would be in effect for 45 days or until a permanent Ordinance is adopted. He recommended Staff development of permanent regulations. Public Comment Opened: 8:20 p.m. Dane Wilkins, Director of the Northern California chapter of National Organization For The Reform Of Marijuana Laws (NORMAL), voiced his support of legitimate medical marijuana patient's needs. Peter Keegan, Ukiah family physician, felt there are conflicting, laws and the proposed Ordinance only affects new dispensaries, not those currently in existence. It was his belief that there is not an urgent need for this Ordinance and voiced his support for the use of marijuana by seriously ill patients and noted he has written prescriptions for marijuana for his patient's'use. Diana Field, representing United Medical Caregivers Clinic, one of the dispensaries in Ukiah, stated they were looking at expanding their office for wheelchair accessibility at their current location. They also want to expand their waiting room as well, which may require a building permit. Eventually, they hope to demolish the current building and rebuild. City Attorney Rapport explained that as the Ordinance is currently written, it would. prohibit expansion. Ms. Field explained that they are in the process of purchasing the land and want to complete the modifications to the land within the next year. Public Comment Closed: 7:52 p.m. Regular Meeting of the Ukiah City Council May 18, 2005 Page 4 of 9 Councilmember McCowen explained that it was his intent in bringing this matter forward to regulate the dispensaries so the City can address foreseeable problems they may create. Councilmember Rodin inquired as to any problems the City has incurred with dispensaries compared to other cities. She also inquired as to how long these dispensaries have been in the City of Ukiah. Ms. Field replied that United Medical Caregivers Clinic has been at their current location for four years. Discussion continued with regard to the proposed moratorium, whether the City has experienced problems with dispensaries located within the City limits, the possibility of directing the Planning Department and Planning Commission to write regulations regarding where dispensaries could be located within the City limits (not near schools), Council's concern that dispensaries could have adverse affects on the health, safety, and welfare of Ukiah citizens, and concern that marijuana could be.toxic if grown with toxic fertilizers thereby causing adverse affects to medicinal marijuana users. M/S McCowen/Baldwin introducing Ordinance by Title Only with the following amendments: Correcting the title of the Ordinance to delete the words "Any And All" and replace with the word "NEW". Page 3, in the last sentence, "Santa Rosa" should be replaced with "Ukiah". City Attorney Rapport inquired if Section 2 should be deleted from the Ordinance with regard to the establishment or expansion of existing medical dispensaries. Councilmember McCowen stated he does not want to allow existing dispensaries to expand. Motion carried by the following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: ABSENT: None. Crane, None. City Clerk Ulvila read the title of the Ordinance: "An Urgency Interim Zoning Ordinance establishing a moratorium on all new medical marijuana dispensaries from May 18, 2005 through and including July 2, 2005, unless extended by further action of the City Council, to take effect immediately." M/S McCowen/Rodin adopting Ordinance No. 1069; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. M/S Rodin/McCowen directing staff to develop regulations for marijuana dispensaries, submit the draft regulations to the Planning Commission for review, and to expedite the process, carried by the following roll call vote: AYES: Councilmembers Crane, Regular Meeting of the Ukiah City Council May 18, 2005 Page 5 of 9 McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Recessed: 8:19 p.m. Reconvened: 8:28 p.m. Councilmember Baldwin advised that he has had a request from the audience to hear items 8a and 8b next on the agenda. Mayor Ashiku recommended Council continue with the agenda in the order prepared. 7. UNFINISHED BUSINESS 7c. Discussion of Request For Proposals For Golf Professional Concession Services At the Ukiah Municipal Golf Course Community Services Supervisor Sangiacomo briefly discussed his Staff Report to Council and explained the process for procurement of professional services and the competitive bid process. He met with both the Women's and Men's Golf Clubs regarding the proposal (RFP) and it was suggested by the Men's Golf Club that the services should be provided by a professional. M/S Baldwin/Rodin directing Staff to issue a Request for Proposal for golf professional concession services. James Connerton inquired as to the major benefits of having a golf professional, their current salary, and salary proposed in the new RFP. Community Services Director DeKnoblough explained that the City receives a statement from the Golf Pro's accountant. The City is not covered under the contract for the percentage of the concessions that he receives, nor from his income from cart revenues. We know how much he gets for concessions. He explained that the City has a professional because they are schooled in running a golf course in an efficient manner with regard to services. The City's budget lists a line item for $20,000 to 25,000 that the City pays the Golf pro. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 7. UNFINISHED BUSINESS 7d. Consideration of Lease of Golf Cart Storaqe Facility With the Ukiah Men's Golf Club Community Services Supervisor Sangiacomo explained that there have been no changes to the proposal before Council. Mayor Ashiku briefly discussed the lease to the Men's Golf Club and noted they will most likely put the money they make back into the Golf Course. Regular Meeting of the Ukiah City Council May 18, 2005 Page 6 of 9 M/S Baldwin/McCowen approving the lease of the Golf Cart Storage Facility at the Ukiah Municipal Golf Course with the Ukiah Men's Golf Club; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 8. NEW BUSINESS 8a. A[~[~roval of Mendocino Solid Waste Manaqement Authority (MSWMA) Bud_qet City Manager Horsley reported that there are no significant changes to last year's budget. M/S Baldwin/Rodin approving MSWMA's fiscal year 2005-2006 budget; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 8. NEW BUSINESS 8b. Receipt of Letter From Paths~ Open Space~ and Creeks Commission Reqardin.q Western Hills Trail Proiect and Discussion of Project Concept Community Services Director DeKnoblough discussed the Paths, Open Space, and Creeks Commission's (POSC) proposal regarding a conceptual trail project in the Western Hills. The cost of the project has not been evaluated, nor have the impacts to staff, maintenance, and construction of the project. Mr. Pete Halstead from Mendocino County expressed no objection to the project. Director DeKnoblough reported that he has met with Mr. Stout and Mr. Stout stated that he does not want the trail going through his property. Dan Holbrook, Chairman of POSC, explained that the POSC is considering approximately 30 acres of City property connected to the Golf Course that the POSC would like to utilize as a trail. He provided a presentation in which he displayed maps of the subject area. The trail is estimated to be three miles in length. Jaime Connerton, member of the POSC, explained that the POSC feel the trail would be a benefit to residents of the City and County and to visitors to the community. He described the trail as having attractive points of interest and a beautiful place to walk. The POSC does not want to encroach on private property. Councilmember Baldwin expressed concern that the trail would be located about 50 yards down from the first fairway and if the trail would be dangerous since it would be located adjacent to the Golf Course. Commissioner Connerton explained that he spoke to some golfers and they would need to be aware of the situation with the trail. He also noted the possibility of installing a net to avert any liability to those using the trail. Members of the audience who spoke in support of the proposed trail were: Lauren (no last name given), Neil Davis, Bill Rathkey, Tim Pletcher, Phyllis Webb, and Janet Moore. Regular Meeting of the Ukiah City Council May 18, 2005 Page 7 of 9 Members of the audience who spoke against the proposed tail were Jan Evans and Chris Philbrink who voiced issues concerning private property rights and the potential for vandalism and danger to the water tanks in the neighborhood. Discussion followed with regard to the location and proximity of the proposed trail to the Golf Course, concern with bicycles using the paths, the possibility of fencing areas where cliffs exist, looking at another exit from the Golf Course along the first fairway, property owner's issues and clarification if the trail crosses private property, obtaining an analysis of liability and maintenance issues and how they could be mitigated, contacting all property owners that would have the trail near their property, the Fire Department's concerns with parking and turning around on the street, increased vehicle traffic to Maple Avenue, potential fire hazards, unauthorized camping in the proposed area, providing "No Smoking" signs on the trail, utilizing the trail for education activities with schools, and initiating support from the community and volunteers. It was the consensus of Council to direct staff to continue the process of evaluating the proposed site and investigate the concerns expressed by Council. Community Services Director DeKnoblough recommended the location of the trail be clearly identified and that it does not encroach on private property or the Golf Course. It was noted that the contiguous property owners should be notified in writing and attempt to get them involved in the project. 8. NEW BUSINESS 8c. Discussion and Possible Action Concerning Contract For Water With Mendocino County Russian River Flood Control District and Water Conservation Improvement District City Manager Horsley explained that this matter is being returned to Council for consideration at the request of Councilmember Baldwin. At the water rights workshop on April 19, 2005, the Council directed Staff to request a meeting between the City's engineering consultant on water issues and the technical experts advising the Mendocino County Russian River Flood Control and Water Conservation Improvement District ("District"). The District has offered the City up to approximately 800 acre feet based on its calculation of the City's past use of District water. The City has requested and been approved for 500 acre feet based on the advice of its consultants. City Attorney Rapport stated the State Water Resources Control Board (SWRCB) has differentiated between the water pumped from an underground stream flowing in a known and definite channel versus "percolating groundwater." He noted that if the City contracts for 800 acre feet and doesn't use it, it would be forfeited and goes to another agency. M/S Baldwin/Rodin requesting an additional 300 acre feet under the Water Supply Agreement with the Flood Control District; carried by the following roll call vote: AYES:' Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Regular Meeting of the Ukiah City Council May 18, 2005 Page 8 of 9 9. COUNCIL REPORTS Councilmember Baldwin explained that the City needs to get on the agenda at the Inland Water and Power Commission (IWPC) regarding the First Right of Refusal. In his opinion, it is conceivable that Mendocino County may want to rejoin the IWPC. He reported that a law suit has been filed challenging the FERC ruling with regard to the cut backs in Potter Valley. He advised that he will not be able to attend the second meeting in June because he will be on vacation. 10. CITY MANGER/CITY CLERK REPORTS City Manager Horsley stated during the budget goals session last year, Council voted not to have a separate goal setting session. She inquired as to Council's direction this year. She also discussed the budget hearing process. Discussion followed with regard to the City Manager's inquiry and it was the consensus of Council to receive information regarding the departments' goals and objectives at a separate goal setting session in advance of the budget hearings. Councilmember Rodin distributed an article from the Wall Street Journal regarding a condominium development that is located above a whole foods market and how it attracts for mixed use development. City Manager Horsley reported that Council will receive one budget factoring in the projected sales tax and one without the sales tax measure. A business forum was held this week and she spoke to the department heads about making the City's service better. Those comments will be distributed to Council. She reported that this Saturday she will be in Fort Bragg attending an emergency disaster training. She reported that Gail Petersen is doing a wonderful job as the new Executive Assistant. 11. CLOSED SESSION None. 12. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:00 p.m. Marie Ulvila, City Clerk Regular Meeting of the Ukiah City Council May 18, 2005 Page 9 of 9